TEKYI ALAIS MENSAH vs. ACKON AND ANOTHER

JUDGMENT OF OSEI-HWERE J. The indorsement on the plaintiff’s writ of summons reads: “The plaintiff’s claim is for specific performance of an agreement between the parties for the sale of land by the defendant to the plaintiff; which said land is situate lying and being at Nbabae Nkanfoa on the south-west of Cape Coast and bounded on the north-west by Abura Abiradze family land, on the south-east by government town boundary line, on the north-east by Twedenfo family land and on the south-west by J. E. Amanquandoh and Kwesi Christian lands, and comprising of 34.98 acres. The plaintiff has fully paid for the said land in the sum of ¢200 plus trama (earnest money of C10) and he is in active possession and has been in possession since 1951, but the defendant is refusing to execute the relevant deed of conveyance wherefore the plaintiff seeks an order of specific performance.” The plaintiff’s case, in the witness-box, was quite simple. According to him he came to Cap...